Tapak Tuan Shari'a Court Decision No. 7 of 2016: Irrevocable Divorce Granted

The parties were married on 30 March 2002 and had two children. The plaintiff submitted that the parties' marriage had become quarrelsome in 2010 because the defendant:

  1. had been aggressive towards the plaintiff and the parties' children;
  2. had never provided the plaintiff with any attention and affection; and
  3. would always drive the plaintiff out of the parties' home when they would argue.

The parties had been separated since June 2014, after the defendant left the plaintiff. The plaintiff submitted that she had lost hope that the parties would reunite, and that the parties' children were in the care of the plaintiff. Accordingly, she requested that the court grant her an irrevocable divorce (talak satu ba'in sughra).

The court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, acceded to the plaintiff's request on the grounds of ongoing conflict. The court, pursuant to arts 105(a) and 156(a) of the Compilation of Islamic Laws, also granted the plaintiff custody of the parties' child on the grounds that the child was still below the age of 12 (belum mumayyiz).

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